How a person is recruited. Rules for hiring and its documentary registration. Employment forms

According to the Labor Code, an individual entrepreneur has the right to hire employees and this process is not much different from the employer of organizations. However, Chapter 48 of the Labor Code of the Russian Federation describes the characteristics of the work of workers whose activities are related to individual entrepreneurs.

By law, every employer must formally employ employees... Within three days after the employee starts work, the employer is obliged to formalize their relationship with an employment contract and make an entry in the work book.

If an entrepreneur violates the requirements of the law, then responsibility is imposed on him:

    Administrative - a fine of up to 50 thousand rubles or freezing of activities for up to 90 days;

    Tax - a fine from the inspection services, depending on the severity of the violation;

    Criminal - a fine of up to 200 thousand rubles or imprisonment up to 2 years.

In order to hire an employee, you must:

    Conclude an employment or civil contract;

    Issue personnel documents;

    Register with the Social Insurance Fund (FSS).

A civil law contract facilitates the employment process for an individual entrepreneur. In this case, the contract is concluded for the performance of a specific amount of work or the provision of a service and does not require registration with the FSS.

Also, regardless of what kind of labor agreement was concluded, the employer, within 30 days from the date of registration of the first employee, must register with The Pension Fund.

Step-by-step registration of an employee

In order for the employer to be able to register an employee, he must provide the following package of documents:

  • Labor book (if not available, issue yourself);

  • Military registration documents;

    Documents confirming the qualifications of the employee (diploma of higher or incomplete higher education).

Consider step by step registration employee according to the Labor Code of the Russian Federation:

1. The employee must write an application for employment in accordance with the staffing table.

2. According to article 57 of the Labor Code of the Russian Federation, the employer draws up 2 copies. One copy remains with the entrepreneur, the other is given to the employee. The following information must be specified in the contract:

    Full name of the employee and employer;

    Organization details;

    Employee's passport data;

    Schedule;

    Information about salaries and bonuses;

    Labor responsibilities;

    Date and signature.

3. The employer acquaints the new employee with his activities and the existing local acts: job descriptions, labor protection regulations, internal labor regulations, etc.

4. The entrepreneur draws up in accordance with the unified form T-1 ..

5. The employer gets the employee's personal card.

6. The manager makes an entry in the work book within a week from the date of the conclusion employment contract.

Payments to an employee and per employee

Article 136 of the Labor Code of the Russian Federation provides that an entrepreneur is obliged to pay an employee every fortnight wages... The terms and procedure for payments are established by the employment contract. When calculating salaries, it is necessary to keep personnel records and a timesheet. Late payment imposes administrative or financial liability on the employer.

An employee registered under an employment contract has the right to annual paid leave and sick leave. In turn, the employer must withhold personal income tax from the salary once a month and transfer it to the budget. It is 13% and is transferred to the tax office no later than two days after the salary is calculated.

An entrepreneur who has attracted a certain number of employees becomes an employer, which means he must transfer the fees established by law. Insurance premiums must be paid by the 15th of each month. The contribution rate is 30% of the employee's salary, where 22% in the Pension Fund, 5.1% in the MHIF and 2.9% in the FSS.

When concluding a civil law contract, the employer is not obliged to pay funds to the FSS, but transfers are allowed at will.

Entrepreneur reporting by employee

With hired workers, the entrepreneur increases the number of reports that should be submitted to different authorities. Accordingly, it is important for the employer to know where, at what time and what reports must be submitted.

Employee reports are submitted to three instances:

    Tax authority;

    Pension Fund;

    Social Insurance Fund.

The following reports must be submitted to the tax office:

Information about average headcount employees - data are submitted once a year. They must be provided by January 20 of the next year. For example, a report for 2017 must be submitted by January 20, 2018. The information is needed in order for the tax authority to control the number of employees when calculating taxes and imposing special tax regimes.

Help 2-NDFL - the report is submitted once a year before April 1 for each employee. The help displays information about the employee's income, deductions and withholding income tax for the past year. If the staff of an individual entrepreneur is more than 25 people, the report is submitted electronically.

Help 6-NDFL - to be submitted quarterly by the 1st day of the next quarter. It is necessary to provide a certificate on time. For delays, in addition to a monetary fine, the tax authority has the right to block the current account.

Calculation of insurance premiums - surrendered quarterly by the 30th of the next quarter.

Two reports must be submitted to the Pension Fund:

Information on insurance experience - submitted once a year at the end of the year. The report must be submitted by March 1 of the next year.
SZV-M - the report must be submitted monthly by the 15th day of the next month. The document contains information about the employer and employees. Employees should have the following information: full name, SNILS and TIN.

Social Insurance Fund:

4 FSS - the report is submitted once a quarter by the employer, who pay contributions for accidents. The report is needed so that the employer can return part of the funds paid. Information must be submitted by the 25th of the next quarter.

Registration of a part-time employee

The algorithm for hiring a part-time employee is practically the same as for a full-time employee. But there are several nuances:

1. Accept the application. In the application for employment, the employee indicates the desired position and the amount of the rate.

2. Familiarization with local acts for signature.

3. Conclusion of an employment contract, where special attention paid to items about working hours and size rates.

4. Issuance of an order, which must indicate the information that the employee is employed part-time.

5. Recording in the work book. Information about the rate is not indicated.

When entering into an employment contract, the number of hours for the part-time job must be calculated. The number of hours worked per day, week or month must be specified. This information is needed in order to correctly calculate wages. At the same time, it is recommended to indicate the full-time salary in the employment contract, but it should be clarified that the employee is employed part-time and the salary is less.

The RF law establishes the minimum wage. But by working part-time, an employee can earn less than that amount. Clarification in the employment contract will help avoid problems with the labor inspectorate and explain why the payment is made at a lower rate than the established minimum.

Most often, workers are employed part-time with their main job. In this case, the work book remains in the main place and no records of part-time work are entered.

Temporary worker registration

In the process work activities situations arise when the employee leaves for maternity leave or a long-term sick leave. The employer is forced to involve an additional person for the performance of labor duties, a temporarily absent employee.

An entrepreneur may have several options.

Transfer responsibilities to another employee who works for him.

In this case, there is supplementary agreement and an order is issued. The documents should include information about additional work responsibilities and changes in wages. Apart from their labor functions, the employee is obliged to fulfill the assigned additional duties.

Transfer of an employee to a temporarily vacated position. Previous duties are completely removed from the employee and new ones are assigned. You can hold positions in connection with the transfer for no more than a year. Record in the work book is not entered. As soon as the absent employee returns, the replacement employee is transferred to his position. To make a transfer, the employer draws up an additional agreement to the employment contract.

Conclusion of a fixed-term contract.

The absent employee can be replaced by a new employee with whom he is signed. The contract is drawn up in the same way as an unlimited one, but it is specified that the employee is hired to replace a temporarily absent employee. If you know the date of the employee's return, you can limit the work of the new employee by specific terms.

Hiring involves a number of actions, the sequence of which must be followed. It is especially important to correctly and competently document the fact of the conclusion of paid relations between the employee and the employer.

First step: when applying for a job, consists in the consideration of the submitted documents by the employer and making a decision on hiring an employee.

At the first stage, it is necessary to find out whether the candidate has restrictions on engaging in certain types of activities (Article 351.1 of the Labor Code of the Russian Federation). Perhaps he has restrictions on the job for which you are going to take him.

Documents presented by the employee when concluding an employment contract:
- passport or other identity document;
- work book, with the exception of cases when an employment contract is concluded for the first time or an employee enters a job on a part-time basis;
- insurance certificate of state pension insurance SNILS;
- military registration documents - for persons liable for military service and persons subject to conscription;
- a document on education and (or) on qualifications or availability of special knowledge - when applying for a job requiring special knowledge or special training;
- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or of the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body in charge of the development and implementation of state policy and regulatory legal regulation in the field of internal affairs - when applying for a job related to activities that, in accordance with the Labor Code of the Russian Federation, and other federal law are not allowed for persons who have or have had a criminal record, are subject to or have been subjected to criminal prosecution.

In some cases, in a step-by-step procedure for hiring, taking into account the specifics of the job, the Labor Code of the Russian Federation, other federal laws, presidential decrees Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.

  1. Medical examination of an employee in cases provided by law.

Mandatory preliminary medical examination when concluding an employment contract, in accordance with Art. 69 of the Labor Code of the Russian Federation, are subject to:
- persons under the age of 18;
- other persons in the cases provided for by the Labor Code of the Russian Federation;
- other persons in cases stipulated by federal laws.

  1. Providing the employer with mandatory information.

According to Art. 64.1 of the Labor Code of the Russian Federation, citizens who filled positions, the list of which is established by the regulatory legal acts of the Russian Federation, after being dismissed from the state or municipal service within two years, are obliged to inform the employer about the last place of service when concluding employment contracts.

Second step: receive a job application from the employee.
Application - a document addressed to an organization or official, with a request for admission, dismissal, transfer, leave, consideration of a complaint, etc.

The application is drawn up either by hand in any form, or on a stencil form. The application includes the following details: addressee (to whom it is addressed); the addressee (from whom it was written); address data of the addressee (where he lives, tel., passport data upon request); type of document; text; signature; date.

The statement is not an indispensable document, because the law does not require the presence of this statement, but it can be useful.

Firstly, in the application, you can enter the information necessary for the employer to issue a personal card for entering into a personal file.

Secondly, in cases of disputes over working conditions agreed by the parties. Disputes may arise regarding working hours, working hours, etc. Mostly, disputes occur when, after the application, the employment contract is not drawn up or is drawn up, but does not contain all the conditions agreed by the parties.

The application form can be arbitrary, but must meet all the requirements of GOST R6.30-2003. For example,

Director of Research Institute AK
I. V. Ivanov
Petrov Ivan Ivanovich,
residing at:
st. Mira, 1, apt. 1,
Moscow city

Statement

Please accept me as a senior researcher chemical synthesis laboratory from 24.08.20014.

Personal signatureI. I. Petrov

If the employee's application has been accepted, then it should be registered in the appropriate Journal of registration of applications.

Third step: familiarize the employee with the documents.

According to Art. 68 of the Labor Code of the Russian Federation when hiring (before signing an employment contract), the employer is obliged to familiarize the employee with signature with a number of documents:
- job description;
- the rules of the internal labor schedule;
- a collective agreement, if it is concluded, as well as with other local regulationsdirectly related to labor activity employee.

We recommend that you familiarize the employee, in particular, with the instruction on labor protection, regulations on departments, regulations on certification, regulations on commercial secrets, regulations on remuneration and bonuses, job descriptions, as well as work schedules, shift schedules.

Fourth step: conclusion of a written employment contract with an employee and if there are grounds for an agreement on full liability.

According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. When concluding employment contracts with separate categories employees by labor legislation and other regulatory legal acts containing norms labor law, it may be necessary to agree on the possibility of concluding labor contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or to draw up labor contracts in a larger number of copies. Employment contracts are registered in the Employment Contracts Registration Book.

Please note that concluding a full liability agreement is not a mandatory step. However, at this stage it can also be very useful. Suppose they do not immediately conclude an agreement on full financial responsibility with an employee. And after hiring to conclude this contract, he already refuses. The law does not directly indicate how to resolve this situation: whether it is possible to force an employee to conclude an agreement on full material responsibility, whether it is possible to punish or dismiss the disobedient. Among lawyers, judges, inspectors, there are different points of view on this matter. And in order not to prove your position to someone in an unpleasant event and to avoid unnecessary problems, it is better to conclude an agreement on full liability not much later, but at the same time as solving the issue of hiring and registering him for work. At the same time, do not forget that the conclusion of such contracts is possible only with the circle of employees strictly outlined by the legislator.

If the enterprise is Book of registration of agreements on full liability,then the concluded agreement must be registered.

Fifth step: give the employee his copy of the employment contract.

Ensure that the employee affixes a signature on the copy of the employment contract transferred to the employer confirming the receipt by the employee of his copy of the contract. We recommend that you put the phrase “I have received a copy of the employment contract” before signing. According to Art. 67 of the Labor Code of the Russian Federation, one copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

Sixth step: publication of an order for employment.

The order (order) on employment is issued in the form T-1 (about hiring an employee) or T-1a (on the admission of workers), approved by the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004. on the basis of the concluded employment contract, and its content must strictly comply with the terms of the concluded employment contract.

Note: The unified form applies “to organizations, regardless of their form of ownership, operating on the territory of the Russian Federation” (clause 2 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004).

When developing an "amateur" form, there is a risk of not specifying any of the mandatory details or conditions, for example, whether the work is main or part-time, whether probation, labor remuneration conditions. And this will lead to negative consequences in the event of a dispute with the employee in the future.

Seventh step: register an order (order) about hiring an employee in Order log (orders).

Eighth step: familiarize an employee with an order(by order) on hiring against signature. According to Art. 68 of the Labor Code of the Russian Federation, the order (order) of the employer for employment is announced to the employee against signature within three days from the date of the actual start of work.

Ninth step: make a record of employment in the work book.

According to Art. 66 of the Labor Code of the Russian Federation employer (with the exception of employers - individualsnot individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. If the employee does not have a work book, then the employer draws up one. At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

Tenth step:it is necessary to make an entry in the Book of accounting of the movement of work books and inserts to them.
The forms of the Book for recording the movement of work books and inserts to them and the Income and expense book for accounting for forms of work books and inserts to them were approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Eleventh step: issue a personal card for an employee, to acquaint him with signature in a personal card with an entry made in a work book, with information entered in a personal card. The form of a personal card T-2 is approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 05.01.2004. The rules for drawing up a personal card are discussed in the lecture "Personal card"

Twelfth step: formalize the employee's personal file, if in relation to his position the employer has established the obligation to maintain a personal file. A personal file involves the preparation and acceptance of various types of documents. We will consider the rules for recruiting and maintaining personal affairs in the lecture "Personal File"

Thirteenth step: include the new employee in the timesheet and other documents.

Hiring a new employee today is associated with the need to verify personal data, draw up a large number of documents, and often go through medical examination... And you also need to make sure of his competence and work experience. How to hire an employee in accordance with all the requirements of the current legislation?

Preliminary stage

Before starting the paperwork, you should make sure that the applicant for the position corresponds to it: has necessary education, work experience and normal health.

As for the competence and compliance with the requirements for the position, this is clarified during the interview or competition for the position (if any). But the state of health is assessed by a special medical commission. True, not all organizations require applicants to undergo a medical examination. But there are categories of people who are obliged to do this by law. These include trade workers, food Industry, law enforcement officers and those who apply for work in high-risk conditions. In addition, it is also possible to hire a minor only after he undergoes a medical examination.

Preparation of documents

If the preliminary stage is passed, and the person is suitable for the employer in terms of education, experience and health status, familiarization with the job descriptions and the contract begins. It is worth noting here that an individual can be employed only on the basis of an employment or civil contract. In the first case, it means the inclusion of an employee in the staff of the enterprise and making an entry in the work book (for part-time workers this is done at the request of the employee). And cooperation under a civil law contract does not imply such actions and, accordingly, neither sick leave nor vacation pay is paid.

Employment contract

If an employee is hired, an employment contract is concluded with him, in which all the conditions of cooperation are detailed: work time, rest, work schedule, salary, allowances (if any), as well as the rights and obligations of the parties - the employee and the employer. Everything that is indicated in this document should not contradict existing legislation. Otherwise, it may be invalidated.

Deserve special attention functional responsibilities, which must be specified in detail in the contract. True, they can be designed as an attachment to it. And, of course, a probationary period should be indicated (if any). Its size by law cannot exceed three months.

The Labor Code clearly formulates how to hire a person, specifying in Art. 67 that an employment contract can only be in writing, in duplicate, with the signatures of both parties and the seal of the organization. At the same time, it should include both mandatory provisions and additional conditionsreferred to in Article 57 of the Labor Code. One copy of the document remains in the employee's personal file, and the second is handed over to him.

An employment contract can be of two types

  • fixed-term (contract) - it is concluded for a certain period, which can be expressed both in a clear date and in the wording "for the duration of the main employee's vacation"; in the second case, the work is temporary, and the end date of the work must be looked for in the vacation order of the main employee
  • unlimited - this is provided permanent job no end date

Material liability

How to properly employ an employee who will be responsible for material values? Draw up an agreement on full liability!

Today employers prefer to immediately conclude an agreement with him on full liability. Of course, it can be concluded later, but in view of the fact that quite often employees subsequently refuse to sign such an agreement, employers prefer to formalize everything upon admission.

This document is especially important for workers in trade, logistics, transport, warehouse complexes. But today employers prefer to conclude a liability agreement with all employees, since almost every employee has material resources at his disposal, for example, a desk, office equipment and other property for which he is financially responsible.

The full MO agreement is also concluded in two copies, one of which is issued to the employee, and the other is filed into a personal file.

Trade secrets are valuable

Some commercial organizations also conclude an agreement on commercial secrets and nondisclosure with their employees. This practice exists in all Western companies, and today it is actively used in our country.

Application for admission

An employee can be hired only after he writes an application for admission, and the head of the organization endorses it.

First, the application must be approved by the head of the structural unit in which the applicant is employed. And only after that it will be considered by the head of the enterprise.

The application must contain the resolution of the head and a note on the execution of the document (incoming number and date). If the result is positive, the acceptance of documents and employment continues.

Registration of an employment contract

Many people in HR departments often confuse the sequence of actions when hiring an employee. According to the law, an employment contract is first concluded with an employee, and only then an admission order is issued. The signed contracts (labor, liability and commercial secrets) are registered in the registration book, and the second copies are handed over to the employee against signature.

The order of acceptance to work

The employment order and the employment contract must match in meaning. The order (form No. T-1) is signed after an employment contract has already been concluded with the employee. It indicates the position of the employee, the probationary period, structural subdivisionwhere the employee will work, the nature of the work, the conditions of employment (permanently, part-time, by way of transfer, temporarily). The employee must familiarize himself with the order and confirm this fact with his personal signature within three days from the start of work.

There are situations when an employee who has entered into a contract does not go to work. In this case, the contract is canceled, and no entry is made in the work book.

Employment history

After the employee has read the hiring order, the HR department can fill out the work book. The entry is made after the first five working days, provided that the work is the main one.

If the employee does not have a work book, the employer must issue one. And if an employee also works in another organization as a part-time job, then at his request and on the basis of supporting documents, an entry about part-time work can be entered in the book.

The work book itself is registered in the work book record book.

Personal card and personal file

Most enterprises today draw up a personal file for each employee, in which second copies of contracts, questionnaires, autobiographies, copies of educational documents are filed. But it is possible not to issue a personal file, but personal cards of employees at the enterprise must be mandatory. Their forms are unified forms - T-2, T-2GS (for civil servants) and T-4 (for scientists).

Personal cards are kept only on hard copy, and all information about the employee's transfers, his vacations and other things is brought to the employee against signature.

Registration with various Funds and tax authorities

After the conclusion of an employment contract, it must be registered with the Pension Fund and the Social Insurance Fund. If this is not done, then the employer will be subject to penalties.

Features of recruiting certain categories of job seekers

Minors can work only from the age of 14, with the consent of one of the parents and after undergoing a medical examination. However, they can only do light work. Those who combine work and study cannot work more than 4 hours a day, and the maximum working day is 7 hours (for persons 16-18 years old). To conclude an employment contract, a minor must submit to the personnel department of the enterprise a passport, a birth certificate, a copy of the passport of one of the parents, the permission of one of the parents, drawn up in any form, a certificate or a certificate from educational institution with a schedule of classes. In addition, if the minor has a TIN, SNILS and a certificate of registration, they must also be provided to the employer.

Today, only those organizations that have received permission to do so can employ a foreign citizen, and if foreign citizens arrived in the Russian Federation under a visa regime, then they themselves can obtain such a permit. In this case, they can be recruited by almost any organization. But there are categories of foreigners who do not need a work permit. These include foreign citizens temporarily or permanently residing in the territory of the Russian Federation, migrants, accredited foreign journalists, foreign students and foreign workers. legal entitiesworking in Russia. And if we are talking about a highly qualified specialist (his salary must be at least 2,000,000 per calendar year), then a potential employer submits an application for a work permit.

Part-time workers are considered to be workers whom the company has decided to employ part-time.

An employment contract is also concluded with such employees, but it indicates that the employee performs part-time work, in his free time from the main job. In this case, a person can be a part-time job in several organizations.

You can work part-time both in your own institution and in another. Those who work in the same enterprise both for their main job and part-time do not require additional documents. But external part-time workers must provide the employer with a passport, a certificate of education and a certificate from the main place of work about the nature and conditions of work.

At the same time, part-time jobs cannot be issued to minors, judges, prosecutors, military personnel, representatives of the Ministry of Internal Affairs (everyone, except for minors, can engage in scientific or teaching activities part-time), as well as transport workers or hazardous industries for similar positions in other companies.

How to properly recruit, what steps to take and in what sequence, what kind of documentation will be required? We will consider all these questions in this article.

Practically any exercise commercial activitiesusually involves hiring employees. As for such organizational form, as an LLC, then such circumstances arise with 100% probability, because at least one employee is on the staff - the director. The individual entrepreneur does not always resort to hired labor, according to the specifics of his activities, he can cope with the entire range of duties alone. But, with the consolidation of the business and its development, recruitment of employees usually becomes a logical continuation.

Important: in our article we will consider the ideal procedure for hiring, both for individual entrepreneurs and for LLCs. Let not all actions and documents be mandatory for an individual entrepreneur in this structure, from the point of view of legislation, but they are far from unnecessary, because they will allow you to establish full accounting and control in hR administration.

Employment forms

When deciding on the involvement of employees - individuals, at your choice, the legislation provides for two forms of registration of contractual relations: a civil contract or an employment contract.

A civil contract includes a work contract, and the requirements for its terms are regulated by the Civil Code of the Russian Federation. Chapter 37 of the Civil Code of the Russian Federation is devoted to this agreement, which considers all the conditions under such an agreement.

If you decide to resort to an employment contract when hiring, then you should familiarize yourself with the provisions of the Labor Code of the Russian Federation, in which, from Articles 56 to 84, all the conditions for the conclusion, execution and termination of an employment contract are stipulated.

Local regulations of the employer

In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, the hiring of an employee must be preceded by acquaintance with local regulations against signature. These documents include:

  • Labor regulations internal regulations.
  • Job descriptions.
  • Collective agreement (if there is a trade union at the enterprise). As a rule, within the framework of LLC and individual entrepreneurs, such a document is absent due to the absence of a trade union.

The right to the employer's approval of local regulations is provided for by Article 8 of the Labor Code of the Russian Federation.

All these documents must be developed by the employer and approved by orders for the enterprise.

When developing the internal labor regulations, you can refer to article 189 of the Labor Code of the Russian Federation, which lists a list of issues and provisions included in this document. Its main condition is that it should not worsen the legal status of the employee, which is provided for him by the current labor legislation.

Help in preparation job descriptions you will be provided with qualification guides approved by the Ministry of Labor for various industries and specialties. Having job descriptions will help you clearly articulate a list of responsibilities for each employee.

An important point: the development and approval of local regulations is not an obligation for an individual entrepreneur, but in terms of job descriptions for an LLC, but their presence is only positive points, consisting in more detailed accounting and planning labor relations with employees.

The procedure for hiring and paperwork

We have considered all the pre-stages, now is the time to move on to the immediate essence of our article.

Step 1

The employee must write an application for employment in the name of the manager (IP), indicating the position in it. After considering the application, the manager must put a resolution on it, which reflects his decision, for example, to accept and issue an order.

  • All pages of the passport;
  • Insurance certificate;
  • Education document;
  • Military ID (for those liable for military service).

If this is not the first place of work, then a work book is also provided. In the event that this is the first job, then you have to start a work book for this employee. In the absence of an insurance certificate, you will also have to issue it with the FIU for an employee.

Step 2

The conclusion of an employment contract with an employee must be carried out in writing, and this document is drawn up in two copies, one of which is handed over to the employee.

Step 3

Based on the documents received and the application, an order for employment is signed. The order form T-1 is approved. The order is registered in the journal of orders on personnel issues. It can be purchased from any bookstore or stationery retailer.

In accordance with the provisions of Article 68 of the Labor Code of the Russian Federation, within three days, you must familiarize the employee with the issued order against signature.

Step 4

Information about received work book you must enter in the registration log, the form of which is approved by the Decree of the Ministry of Labor of Russia No. 69, dated 10.10.2003.

Step 5

Now you fill out the employee's personal card of the T-2 form, approved by the DECREE of the State Statistics Committee of the Russian Federation No. 1, dated 01/05/2004.

The employee must put his signature on the completed card, thereby confirming the familiarization with all the information entered there and their approval.

Recommendation: additionally, you can create a personal file for each employee, which will store all documents related to a particular employee, starting with the application for employment and provided copies of documents, and then continuing to file all applications and orders for this employee in the process of his work. Such workflow will greatly simplify your search in the future necessary information by employee.

STEP 6

If the employed employee is liable for military service, then in accordance with the Decree of the Government of the Russian Federation No. 719 of November 27, 2006, you must inform the territorial commissariat or local self-government body about his employment.

Mandatory for individual entrepreneurs

When hiring hired workers, an individual entrepreneur must register with extra-budgetary funds as an employer within the time frame:

  • In the FIU within 30 days;
  • In the FSS within 10 days.

Moreover, such a duty arises at the conclusion of each new employment contract, it must be registered with the indicated authorities. You can read about what this procedure looks like and what documents are needed in the article: Registration of organizations and entrepreneurs with the FIU and FSS.

Now you know exactly the whole sequence of actions that must be followed when hiring employees.

Many entrepreneurs hire employees, but not everyone knows how to do this correctly. In this article, we will describe in detail the procedure for hiring personnel and analyze all the necessary nuances.

Introduction

All the features of hiring are described as correctly and accurately as possible in the TKRF. We recommend that you study the 10 and 11 chapters of the code in order to understand all the nuances of drawing up an employment contract. Also familiarize yourself with Article 66 of the Labor Code and the Decree of the Government of the Russian Federation No. 225 "On Labor Books".

The first step is the interview and selection of applicants

This will allow you to understand the process of registration of employees and the preparation of primary documentation when applying for a job.

Note:the rules and norms of the labor code of the Russian Federation apply in all federal entities... All employees are issued the same: seasonal, temporary, part-time, permanent.

Hiring is carried out according to the following scheme:

  1. The applicant is interviewed, you determine his competence and study the resume.
  2. If the applicant suits you, then he brings everything required documents for consideration.
  3. The applicant writes an application for employment, indicating the relevant position in it.
  4. The employee is familiarized with regulations, work schedule, internal charter, workplace, team. In some cases, familiarization is done against signature.
  5. An employment contract is drawn up and signed by both parties. An employment contract can be standard or modified to fit the realities of the enterprise.
  6. An order is issued to hire a new employee. The order is made without fail, since its number is recorded in the work book.
  7. An employee of the personnel department or the entrepreneur himself fills out a card for an employee. It is drawn up according to the classical form No. 2.
  8. After filling out the card, OK makes up a personal file for the employee and makes an entry in his labor. All employee documents are kept in the personnel department - they must be reliably protected from loss.

What documents are included in a personal file

Now that you know the procedure for applying for a job, we will analyze how an employee's personal file is created. The employee of the personnel department is obliged to form it immediately after the applicant is hired. It includes:

  1. Copies of all completed pages of the applicant's passport.
  2. A copy of the certificate of state pension insurance.
  3. Employment history.
  4. A certificate from the military registration and enlistment office or a military ID.
  5. Diploma or other certificate of education (copies).

Note:if you apply for an employee for the first place of work, then you will need to fill out the labor and insurance certificate.

The employee's working activity begins after signing an employment contract

When applying for some enterprises or specific positions, additional documents may be required from the employee. For example, a medical certificate is considered mandatory for drivers. When hiring for the civil service, the applicant must additionally fill out a questionnaire, which indicates information about relatives and other specific points. An employee of the personnel department begins to collect a personal file immediately after writing an application for a job - it immediately includes copies of a passport, diploma, labor, etc.

Acquaintance of the employee with regulations

After the application from the employee is accepted, and his candidacy is approved, it is necessary to familiarize him with the existing regulations and labor responsibilities. According to the TKRF, this must be done before both parties sign an employment contract. We recommend that you do this against signature, and attach the acquaintance document to your personal file. Why is it so? If in the future you have any problems with an employee, he will no longer declare that he “did not know” about certain rules in force at the enterprise.

Read also: How to become an individual entrepreneur

What should a new employee be familiar with? Mandatory with:

  1. The schedule of the operating mode, internal regulations.
  2. All clauses of the collective agreement.
  3. Job responsibilities and instructions.
  4. Labor protection instructions.

If your company has other acts and regulations, then be sure to familiarize the worker with them. His signature can be placed either in the journal (which is formatted accordingly) or on separate sheets.

Note: in some cases, acts may be annexes to a valid employment contract. When an employee signs it, he agrees with all the regulations.

Acquaintance with the documents must be signed

Preparation of contract

Officially, an employee is hired by signing a contract. He can be:

  1. Civil law.
  2. Trudov.

The person in charge of hiring and hiring employees should understand the differences between the two. A civil law contract allows you to hire a person to solve certain problems for a specific salary that does not in any way correlate with salaries and the way they are paid in the company. An employment contract is drawn up with employees who are registered for permanent employment.

To understand the difference between these two contracts, let's look at a simple example. You have a company that employs 10 people. You decided to expand and hire two more employees who will work just like the rest of the team. In this case, an employment contract is drawn up. But in order to expand, you need to build a new workshop. You do not want to hire an outside team for this, but employ four more employees who will work specifically on the construction of the new premises. You pay them on a piece-rate bonus scheme, depending on the work done.

It is noteworthy that when hiring such employees, there is no need to draw up an order and conduct them according to all documents. Also, many social guarantees do not apply to employees who have signed a civil contract. Such registration is possible only in some cases - it is not recommended to recruit the main personnel for it.

Registration of an employment contract

Now let's take a closer look at the basic rules for hiring and documenting an employee. So, he has already written a statement and got acquainted with the regulations in force at the enterprise. Now it's time to sign an employment contract. It is printed in two copies - one remains with the employee, the second is in the personnel department. After that, the employee can start performing his duties. If it is necessary for him to go to work today, then the signing of the agreement can be postponed for up to 3 days.

An employment contract may have attachments with regulations

IN this document the following data must be indicated:

  1. Full name of the company.
  2. The name of the document, the date of its signing, the seal of the enterprise.
  3. The date the employee took office, the date the document was started.
  4. If an employee is accepted for a trial period or part-time, then these points must be spelled out in the contract.
  5. Employee rights.
  6. Obligations of the employee.
  7. Employer's rights.
  8. Obligations of the employer.
  9. The procedure for remuneration, the key rate.
  10. Guarantees provided by the company.
  11. Work schedule, vacation duration.
  12. Responsibility of both parties.
  13. Conditions under which the contract can be terminated.
  14. Employee insurance conditions.
  15. Resolving controversial issues.

Note:it is the employment contract that is the key document governing the relationship between the employee and the employer. You should specify in as much detail and clearly as possible all the requirements and various nuances related to working moments.

Registration of the order and personal card

After signing the TD, the official registration of the employee's work takes place by issuing the corresponding order. The order form is free. This document is printed in three copies - one is handed over to the applicant, the second is filed in a folder with orders for the enterprise, the third is sent to the personnel department. Remember that the order is issued on the day of the conclusion of the employment contract - there should be no difference in dates.

 

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